[1969] VR 946
BLACKALL v TROTTER (No 2)
SUPREME COURT OF VICTORIA FULL COURT
WINNEKE (1) CJ, LITTLE (1) and MENHENNITT (1), JJ
29 May, 08 July 1969
[1969] VR 946
Appeal costs fund — Practice — Application to review a taxation of costs by
the Taxing Master — Matter referred to the Full Court — Decision of Taxing
Master set aside — Application by unsuccessful respondent for an indemnity
certificate — Whether application could be granted — Whether such review
constitutes an "appeal" from the decision of a "court" within the meaning of
the Appeal Costs Fund Act 1964 — Rules of the Supreme Court, O.65, r27(39),
r27(40), r27(41) Supreme Court Act 1958 (No. 6387) s7(4) — Appeal Costs Fund
Act 1964 (No. 7117), s2, s13, s13(1).
.
Upon an application to review a taxation of costs by the Taxing Master where
there is a question of law involved, the Supreme Court in its discretion may
grant to the unsuccessful respondent to such application an indemnity
certificate under s13(1) of the Appeal Costs Fund Act 1964, as amended, for
such an application constitutes an "appeal" from the decision of a "court"
within the meaning of the Act.
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[1969] VR 946
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